66-123 - Other limitations on applicability

LAST AMENDED
10/7/2021


The provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT)
regarding the right to continue construction shall apply. In addition, the following special vesting provisions shall apply:

(a)    Inapplicability of easement provisions for vested sites and previously approved easements

        The provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), shall not
        apply to:
        (1)    #developments# or #enlargements# on the lowest #story# of a #building# on #zoning lots# with an easement
                created pursuant to the provisions of this Resolution on or before October 7, 2021, where such easement is
                providing transit station access infrastructure or ancillary facilities; or

        (2)    #developments# or #enlargements# on the lowest #story# of a #building# if, on or before October 7, 2021:

                (i)     an application has been filed with the Department of Buildings, and if, on or before October 7, 2021, the
                         Department of Buildings has approved an application for a foundation, a new #building# or an
                         alteration based on a complete zoning analysis showing zoning compliance for such #development# or
                         #enlargement#. The application may be revised and retain vested status, provided that the #lot
                         coverage# for the #development# or #enlargement# is not increased beyond the amount described in the
                         approved application;

                (ii)    an application for a special permit or variance has either been approved or is pending before the Board of
                         Standards and Appeals;

                (iii)    an authorization or special permit from the City Planning Commission has either been approved,
                         certified or referred; or

                (iv)     an application for a Certificate of Appropriateness or other permits has either been approved or is
                         pending before the Landmarks Preservation Commission.

                Subsequent to October 7, 2021, such applications for #developments# or #enlargements# may be continued,
                and, if approved, construction may be started or continued pursuant to the provisions in effect prior to October
                7, 2021.

(b)    Applicability of bonus provisions to previously filed special permits applications

        If, before October 7, 2021, an application for a special permit for a #floor area# bonus for subway station improvements
        has been referred for public review by the City Planning Commission pursuant to Section 74-634 (Subway station
        improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan), as such
        Section existed prior to October 7, 2021, such application may continue pursuant to the regulations in effect at the time
        such special permit was referred for public review by the Commission. Such special permit, if granted by the
        Commission, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently
        modified, pursuant to the regulations in effect at the time such special permit was referred by the Commission.